Blue Lady Story

Gopal Krishna

By every rule in the book, this ship (Blue Lady), carrying asbestos waste and radioactive elements, should not be in Indian waters, let alone be beached. And yet, despite well-premised objections, the central government persuaded the Supreme Court to rule that Blue Lady be dismantled at Alang, Gujarat.

Two related judgments in the matter of ship-breaking and hazardous waste were issued by the Supreme Court. The Division Bench of Justice Dr Arijit Pasayat and Justice S H Kapadia delivered both the orders. This was the same Bench that was seized with the Le Clemenceau case. The first order is a general order on the issue of ship-breaking. The second order was with specific reference to status of the Blue Lady (formerly SS Norway)—a ship with known dangers: asbestos and radioactive material, and without clear papers—currently beached at the Alang shipyard in Gujarat. This order gave a go ahead to dismantling of the Blue Lady.

Dismantling the Blue Lady exposes the mostly Bhojpuri and Oriya speaking causal and migrant workers and the villagers of Bhavnagar panchayats near Alang to toxic exposures. It also threatens their source of livelihood—fishing due—to marine pollution. By the government's own admission - a report of technical experts on ship-breaking—the underground water in Alang is heavily polluted. The ship-breaking industry is already known to have a higher accident rate (2 workers per 1000) than the mining industry (0.34 per 1000). This is considered the worst in the world, and 16 per cent of workers here are suffering asbestos related diseases.

In its order on , the Honourable Supreme Court advanced "The concept of "balance" under the principle of proportionality applicable in the case of sustainable development?" and ruled that: "It cannot be disputed that no development is possible without some adverse effect on the ecology and environment, and the projects of public utility cannot be abandoned and it is necessary to adjust the interest of the people as well as the necessity to maintain the environment. A balance has to be struck between the two interests. Where the commercial venture or enterprise would bring in results which are far more useful for the people, difficulty of a small number of people has to be bypassed. The comparative hardships have to be balanced and the convenience and benefit to a larger section of the people has to get primacy over comparatively lesser hardship."

The bench granted permission for the dismantling based on the submission by Gopal Subramaniam, the Additional Solicitor General, to the effect that the ship does not have any more radioactive material and beaching is irreversible. But contrary to the recommendations of the Technical Experts Committee on Hazardous Wastes relating to Ship-breaking, Gujarat Pollution Control Board, Gujarat Enviro Protection and Infrastructure Ltd, (GEPIL) and the ship's current owner Priya Blue Shipping Pvt Ltd., the ship does contain radioactive substances at thousands of places.  

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Frontier
Vol 54, No. 46, May 15 - 21, 2022